Monopoly And The Big Bat Theory In Antitrust Law

Law360, New York (June 8, 2010, 11:19 AM EDT) -- It perhaps deserves repeating that it is not illegal to be a monopoly in this country. In the 2004 case of Verizon Communs. Inc. v. Law Offices of Curtis v. Trinko LLP, 540 U.S. 398, 407 (2004), the United States Supreme Court reasserted the rule:

"The mere possession of monopoly power and the concomitant charging of monopoly prices is not only not unlawful; an important element of the free-market system. The opportunity to charge monopoly prices — at least for a short period — is what...